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compensation for mental harassment compensation for mental harassment

5 months ago

I was granted two increments on acquiring MBA degree in 2009 by my company (Public Sector Undertaking) which was later on recovered after introduction of new policy on 25.3.2010 vide which policy was changed w.e.f. 1.1.2007. This retrospective effect of circular was challenged in High Court by few employees and judgement came in 2017 in favour of employees and court decided that all the officers who have acquired qualification prior to 25.3.2010 would be entitled for increments which they were enjoying. Consequent upon the judgement re-payfixation of employees was done in 2019 but my pay-fixation was missed. I waited for almost 4 years (as work was stuck due to covid).Now I asked HR about the delay and for re-payfixation, but they have raised query on my file that Institute from which I pursued MBA is not being seen given approval in the site of DEB. Whereas two of my colleagues who did from same institute and for same duration have been re-instated the increments. I am feeling being targeted and discriminated. Please advice. This delay is giving me lot of stress and anxiety. If I am denied even after review representation to management can I file case in High court for re-pay fixation as well as compensation for this mental harassment?

Legal Counsel Vidhikarya

Responded 5 months ago

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A.Dear Client,
If you feel yourself a victim of discrimination and you possess sufficient evidence to establish your claim, you need to file a Grievance before the Grievance Redressal Committee/Cell following the grievance redressal mechanism which is in existence almost in all the PSU to address and resolve the grievance in-house based on merit and failing which you need to file an application before the Registrar of the Central Administrative Tribunal(CAT) under Section 19 of the Administrative Tribunal Act, 1985 having jurisdiction on the subject matter(as defined under Rule 6 of CAT(Procedure) Rules, 1987 and in compliance with the procedure prescribed under Rule 4 of the Central Administrative Tribunal(Procedure) Rules 1987 and the CAT Rules of Practice, 1993. In case the Order of the CAT goes against you, then you may prefer a writ petition challenging the said order of the CAT before the High Court under Article 227 of the Constitution of India. Reach out to an Advocate experienced in handling Service/CAT matters for guidance and steps. In case you need out legal assistance, contact our legal team for discussion and steps.
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